[Ord. No. 383 §1, 2-27-1989; Ord. No. 591 §235.010, 5-13-1996]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
An incinerator which complies with all current regulations
of the responsible local, State and Federal air pollution control
agencies.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible wasted materials from dwelling units, commercial,
industrial, institutional, or agricultural establishments which are
either too large or too heavy to be safely and conveniently loaded
in solid waste transportation vehicles by solid waste collectors,
with the equipment available therefor.
The City of Herculaneum, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The director of the Solid Waste Management Program of the
City shall be the current City employee known as Street Department
Supervisor.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
Any room or group of rooms located within or on any premises
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
All putrescent wastes, except sewage and body waste, including
all meat, vegetable and fruit refuse, and carcasses of small dead
animals and deal fowl, from or on any premises within the City.
Any waste or combination of wastes, as determined by the
Missouri hazardous Waste Management Commission by rules and regulations,
which, because of its quantity, concentration, or physical, chemical
or infectious characteristics may cause or significantly contribute
to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness, or pose a present or potential
threat to the health of humans or other living organism (subsection
260.360(2) of the Missouri Hazardous Waste Management Law).
Solid, non-recyclable wastes, including garbage and rubbish.
A house facility containing more than one dwelling unit under
one (1) roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner or as a tenant.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, or organization of any kind, or their legal representative,
agent or assigns.
Business houses, boarding houses, rooming houses, offices,
theaters, hotels, tourist camps, apartments, trailers, restaurants,
cafes, bars, eating houses, hospitals, schools, private residences,
vacant lots, or other places within City.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Aluminum items including food and beverage containers, foil
(rinsed), utensils, food preparation plates, screen doors, gutters,
lawn furniture, etc.; steel-bi-metal items including food and beverage
containers, empty (clean) latex paint containers and empty aerosol
cans (not caps), kitchen utensils, wheel covers, automobile wheels;
newsprint; all corrugated cardboard (OCC and kraft paper); chipboard
(cereal, food, tissue, shoe boxes, etc.); glass food and beverage
containers (clear, amber and green); plastics, including all PETE
#1 not containing toxic or hazardous waste content (soft drink, liquor
bottles, food containers), and all HDPE #2 not containing toxic or
hazardous waste contents (milk, juice, water containers, laundry detergent,
bleach bottles, etc.); mixed paper including office and general paper
stock (bond, copier, computer, notebook, letter stock, magazines,
catalogues, telephone directories and junk mail); juice drink boxes
and "gable" topped cartons (cream, orange juice, milk, fabric softener
containers, etc.).
Solid wastes, cloth materials, ashes, cinders, street sweepings,
catch basin muck, concrete, concrete mortar, stones, bricks, scrap
metal or other similar construction materials, or materials resulting
from the erection or destruction of buildings, excluding recyclable
materials and yard waste as defined herein.
Large non-recyclable waste items which cannot be conveniently
cut into lengths of less than three (3) feet, including but not limited
to brushwood, heavy yard trimmings, discarded fence posts, old lumber,
or other earthen, wooden or metal refuse-like materials, longer, larger
or heavier than refuse.
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining, or storing solid waste from the time
of its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Any and all garbage, refuse, rubbish, rubble, recyclable
material or yard waste as defined above.
Grass, garden clippings, branch and tree trimmings, shrubbery
and leaves generated and resulting from the maintenance and operation
of any premises.
[Ord. No. 591 §235.015, 5-13-1996]
The Board of Aldermen shall be authorized to enter into agreements
for the collection of garbage, refuse, rubbish, rubble, recyclable
material and yard waste within the City of Herculaneum. Any party
entering into any such agreement with the City shall have the exclusive
right to provide waste collection services to residential dwellings
comprised of two (2) or less units within the City. Every person owning,
managing, operating, leasing or renting premises serving as residential
dwelling comprised of two (2) or less units within the City shall
be required to utilize the services of the party providing waste collection
services pursuant as set forth above, and shall not utilize any other
waste collection contractor. The City shall continue to levy a fee
for the cost of the pre-existing service of waste collection.
[Ord. No. 591 §235.020, 5-13-1996]
A.
It
shall be the duty of every person owning, managing, operating, leasing
or renting any premises, dwelling unit or any place where waste accumulations
exist to keep upon said premises any containers provided by the City
or its waste collection contractor for the purpose of waste collection.
Said containers shall be maintained in a safe and secure location
and the owner of any said premises shall take reasonable steps to
prevent damage or vandalism of said containers.
B.
It shall be the duty of every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where waste accumulations exists to provide, if necessary, additional portable containers for waste collection in excess of the volume of the containers provided in Subsection (A). Said additional containers shall be made of galvanized metal, hard plastic or some other non-corrodible material of rigid construction which is non-porous, rodent and fly proof, with a tight-fitting lid which shall not be removed except when depositing or removing the contents of the receptacle and with handles on the sides, and with sufficient capacity and in sufficient numbers to accommodate and securely keep all garbage and rubbish that may accumulate beyond the capacity of the containers set forth in Subsection (A); provided that each container shall have a capacity of not more than thirty-three (33) gallons.
C.
All
containers set forth in this Section shall be kept clean and free
from the accumulation of any substance remaining attached to the inside
of the container which would attract or breed flies, mosquitoes or
any other insects.
[Ord. No. 591 §235.030, 5-13-1996]
It shall be the duty of every person owning, managing, operating, leasing or renting any commercial premises, where excessive amounts of refuse accumulate and where its storage as required in Section 235.030 renders it impractical to maintain a number of small containers, one (1) or more metal bulk storage containers may be used in lieu of the containers described in Section 235.030.
[Ord. No. 591 §235.040, 5-13-1996]
A.
It shall be the duty of every person owning, managing, operating, leasing or renting any premises or dwelling unit to separate recyclable materials from other waste and to place said recyclable materials into the appropriate portions of the containers required by Section 235.030(A), and to place garbage and mixed refuse into the other portions of said containers. Any amounts of garbage, mixed refuse or recyclable materials which exceed the volume of the container as provided in Section 235.030 shall be placed in separate containers as set forth in Section 235.030(B), which shall be clearly marked as garbage or recyclable materials.
B.
It shall be the duty of every person owning, managing, operating, leasing or renting any premises or dwelling unit to separate all yard waste from refuse, recyclable materials or other waste materials and to place all yard waste to be collected into separate closed biodegradable "Kraft" paper bags or other paper disposal bags designed for the collection and disposal of yard waste materials or conventional waste containers clearly marked as containing "yard waste materials only", said containers not exceeding thirty-three (33) gallons in capacity and fifty (50) pounds in weight. No yard waste shall be placed into the container set forth in Section 235.030(A), or in containers labeled as "garbage" pursuant to Section 235.030(A) and 235.050(A).
C.
If
refuse and recyclable materials placed in the approved containers
are not separated properly in accordance with this Chapter and the
City's solid waste collection program, the person or persons owning,
managing, operating, leasing, or renting the premises shall receive
non-compliance notices as set forth in any agreement between the City
and its waste collection contractor. After initial notice of non-compliance,
the person or persons owning, managing, operating, leasing or renting
the premises and who is invoiced for the services of waste removal
by the City shall be billed by the City a fee for costs of special
non-compliance collection, said fee to be in accordance with any contract
between the City of Herculaneum and its waste collection contractor.
[Ord. No. 591 §235.060, 5-13-1996; Ord. No. 04-012, 5-24-2004]
Rubble may be stored temporarily on the premises in such a manner
as to not create a nuisance, but shall be removed by the person owning,
managing, operating, leasing or renting said premises at the expense
of the person owning, managing, operating, leasing or renting said
premises, said removal to take place within seven (7) days of the
placement of said rubble on said premises.
[Ord. No. 591 §235.070, 5-13-1996]
It shall be unlawful for any person in charge of any lot of
ground or other premises in the City to allow waste to accumulate
thereon or to permit water or any other putrid substance to so accumulate
so as to attract rats, flies and vermin, or to cause a condition dangerous
to the health or safety of the City or any person.
[Ord. No. 383 §3, 2-27-1989; Ord. No. 591 §235.080, 5-13-1996; Ord. No. 04-013, 6-14-2004]
A.
All waste shall be kept in containers for collection as specified in Sections 235.030 and 235.050, and the containers shall be placed on the premises in some suitable place which shall be consistent with other placements in the neighborhood, route patterns, accessibility to collectors, and shall be consistent with a neat and clean appearance. Said containers shall be placed near or adjacent to the public streets of the City on the day scheduled for collection, but such containers shall not remain at such place for a period longer than twenty-four (24) hours.
B.
Garbage,
refuse and recyclable materials shall be collected on a weekly basis
between the hour of 6:00 A.M. and 6:30 P.M. Residents shall be notified
of the date of collection.
C.
Yard waste materials shall be collected on a monthly basis in the same manner as the collection of other waste set forth in Subsection (A), and residents shall be notified of the date of said monthly collection.
D.
All
solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined herein.
Bulky rubbish will be collected in accordance with the rules and regulations
as promulgated by the Director.
E.
Bulky
rubbish shall be collected at least once annually or as provided for
in any contract the City has entered into with a waste disposal company.
The Director shall establish the procedure for collecting bulky rubbish.
No item of bulky rubbish or item that is placed for collection for
what is commonly known as "bulk pickup" shall be displayed for longer
than three (3) days prior to the date of any scheduled bulk pickup.
[Ord. No. 591 §235.090, 5-13-1996]
It shall be unlawful for any person not duly authorized as a
waste collector to tamper with, overturn, remove or destroy any waste
container mentioned in this Chapter.
[Ord. No. 591 §235.100, 5-13-1996]
It shall be unlawful for any person to deposit or cause to be
deposited upon the streets, alleys, parks, parkways or on private
or public property in this City any waste unless the same is placed
in containers, as required by this Chapter.
A.
It
shall be unlawful to burn any waste in open pits, open fireplaces
or any unenclosed area, or any public alley, street, roadway, vacant
lot or property of any kind or character within the City; provided,
however, that nothing in this Chapter shall be construed to prohibit
the disposition of waste by means of burning the same in an enclosed
incinerator within a building approved by the Building and Fire Protection
Officials of the City.
B.
Any
waste generated by a business, trade, industry, salvage, or demolition
operation cannot be burned without a permit issued by the Department
of Natural Resources of its delegated local agency. Waste that shall
not be burned, includes, but is not limited to, tires, rubber products,
hazardous materials, Styrofoam, plastics, petroleum, petroleum-based
products, demolition waste, chemically treated wood, and asbestos
containing material or any household refuse.
C.
Campfires,
bonfires, and other fires used solely for recreational purposes and
ceremonial occasions with approved materials are permitted within
the City limits when upon obtaining a permit issued by the Herculaneum
Fire Department.
D.
Outdoor
recreational fireplaces and grills used for the preparation of food
may be used at any time and no permit is required.
[1]
Editor's Note: Ord. No. 10-2021 also changed the title of
this Section from "Burning Waste" to "Open Burning."
[Ord. No. 591 §235.120, 5-13-1996]
It shall be unlawful for any person, partnership, corporation
or any similar legal entity to maintain, operate or use his/her premises
within the City as a sanitary landfill, waste processing center, or
any similar use wherein waste is accumulated and processed.
